Australian private M&A deal trends report

2021 Edition

Global Publication May 2022

After a pandemic affected 2020, Australian and global markets bounced back strongly in 2021. M&A records were smashed as companies adapted to new ways of working and investors continued to benefit from low interest rates and easy access to capital. In Australia, the frenzied M&A market was driven by strong demand in the technology and healthcare sectors, in many cases resulting in sky-high valuations. 

Our 2021 report closely analyses 94 completed private M&A transactions that Norton Rose Fulbright Australia has acted on during the calendar year and is intended to provide an empirical benchmark of Australian market practice for key private M&A negotiation points. 

Key features infographic


This report covers:


Key Features

  • Warranty & indemnity insurance
  • Foreign buyers
  • Target industries
  • Business v share sale
  • Form of payment
  • Post-completion adjustments
  • Locked box
  • Earn out


  • Material adverse change
  • Regulatory approval condition
  • Other common conditions
  • Warranties and liability limitations
  • Monetary liability cap on warranty
  • Limitation of liability – time limits
  • Limitation of liability – buyer knowledge
  • Limitation of liability - disclosure
  • Warranties qualified by public searches
  • Restraints


Read the full report

Deal Protection

  • Deposit
  • Break fees
  • Guarantees


M&A trends to look out for in 2022

  • Divestures, demergers – a focus on core capabilities
  • Supply chain
  • Digital transformation
  • Spotlight on ESG


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